New Mexico DWI Law .Info | Important information on New Mexico DWI

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Vehicle Seizure Information

ALBUQUERQUE

If arrested within the City of Albuquerque for a second or subsequent DWI or for driving while your license is revoked for a DWI, the vehicle you were driving may be subject to seizure and forfeiture. Forfeiture is a legal proceeding where the City of Albuquerque will file suit, seeking to have the vehicle declared a nuisance. If the City succeeds in that suit, Title to the vehicle will be given to the City and the vehicle will be sold at auction.

OTHER JURISDICTIONS

Other Jurisdictions have followed Albuquerque's lead by instituting vehicle forfeiture as well. Dona Ana County, Santa Fe County, Torrance County, The City of Santa Fe and The City of Las Cruces all have forfeiture laws on the books. These laws vary but briefly they work as follows:

Dona Ana County: Forfeiture of vehicles driven by a person whose license has been revoked for DWI or who is arrested for DWI and has one or more prior convictions.

City of Las Cruces: Forfeiture of vehicles driven by a person whose license has been revoked for DWI or who is arrested for DWI and has one or more prior convictions.

Santa Fe County Vehicle Forfeiture: Forfeiture of vehicles driven by a person whose license has been revoked for DWI or who is arrested for DWI and has two or more prior convictions.

City of Santa Fe Forfeiture: Forfeiture of vehicles driven by a person whose license has been revoked for DWI or who is arrested for DWI and has two or more prior convictions; for a driver arrested for a second offense, mandatory installation of an interlock while charges pending. An owner whose arrest for DWI does not result in conviction shall not have their vehicle forfeited.

Torrance County Vehicle Forfeiture: Forfeiture of vehicles driven by a person whose license has been revoked for DWI or who is arrested for DWI and has two or more prior convictions; for a driver arrested for a second offense, impoundment of the vehicle for 30 days.(This Ordinance is very poorly worded, it could be construed to allow forfeiture for a driver arrested for a second offense)

How do I know if my vehicle will be forfeited?

If your vehicle is subject to forfeiture, you will be served with a "Notice of Vehicle Seizure."

How do I get my vehicle back?

In Albuquerque, the first step is to file a Request for Hearing with the City of Albuquerque Hearing Officer. The Request must be written, and requires payment of a $50.00 hearing fee. The fee must be in the form of a certified check or money order (no personal checks) and made payable to the "City of Albuquerque." You can hand deliver the request and payment to: Government Center, One Civic Plaza, 400 Marquette NW, 7th Floor, Room 7077 (Boards and Commissions), or mail it to: City Hearing Officer. P.O. Box 1293, Albuquerque, NM 87103.

In other jurisdictions (Dona Ana County, Santa Fe County, Torrance County, The City of Santa Fe and The City of Las Cruces), you must follow the procedures outlined in their seizure codes

My vehicle was seized while someone else was driving it. Can I get it back?

If your vehicle was seized by the City while someone else was driving it, you may be able to claim an innocent owner defense. If you are found to be an innocent owner, the vehicle will be returned to you.